On 12 April, City Councillors voted 8–1 to reject the resolution on this rezoning application, with Coun. Duffy the only one in favour.
“It would be too much traffic for this residential street. I’m glad council saw it our way.”Angus Drive resident Paul McGonnell was pleased with Council’s decision.
Yesterday, on 18 May, the agenda for a special meeting of the Planning Board, scheduled for Tuesday, 25 May, was posted. The main topic: Reconsideration request for Angus Drive (Lot 40) (PID #419143) & 413 St. Peters Road (PID #419135).
A reconsideration is permitted under Section 3.15 of the Zoning and Development Bylaw.
3.15.1 If a Permit or other approval under this by-law is granted, not granted, or granted subject to conditions and the applicant or an aggrieved person feels the decision is unjustified or unwarranted under this by-law, the applicant or an aggrieved person may seek a reconsideration by Council.
3.15.2 An aggrieved person or an applicant wishing to launch a reconsideration shall make known their intention to do so and the grounds or reasons within twenty-one (21) calendar days of the initial decision.
3.15.3 Council may review, rescind, change or vary any order or decision made by the Development Officer or by Council provided that:
- New material facts or evidence not available at the time of the initial order or decision have come to light;
- A material change of circumstances has occurred since the initial order or decision; or
- There is a clear doubt as to the correctness of the order or decision in the first instance.
3.15.4 A letter shall be sent by ordinary mail explaining the reconsideration request to all Affected Property Owners within 100 m (328.1 ft) of the boundaries of the subject Lot identifying the subject Lot.
3.15.5 Council shall hear any request for reconsideration of a decision under this section and Council shall give all interested persons an opportunity to be heard and make a determination on a request for reconsideration.
3.15.6 The City is not liable for any Development commenced prior to the lapse of the twenty-one (21) calendar day appeal period.
3.15.7 The City shall not consider an application for reconsideration if, at the same time, there is an appeal filed with the Island Regulatory and Appeals Commission; but the City may proceed with reconsideration if the applicant has instructed the Island Regulatory and Appeals Commission in writing to hold the appeal in abeyance, and the Commission has agreed in writing to hold their appeal until the appellant has exhausted the recourse of reconsideration with the City.
From the CBC article posted on 13 April:
Coun. Duffy said around six people gave their opinions at a public meeting and about eight letters were sent. He said he doesn’t think that should be enough to kill a project.
Duffy said the developer can offer another solution that can be brought back to council. He’s hoping to see a solution offered that is acceptable to all parties at the regular council meeting next month.
Posted: 19 May 2021 at 12:32 p.m. | Updated: 19 May 2021 at 8:35 p.m.